Corporate & Commercial

  Weinberger Law Newsletter – February 2021 Time to Address Your Legal Affairs Again Even though the COVID-19 pandemic is not anywhere nearly over, of late, we have been seeing our clients easing up on their own restrictions and beginning to focus again on getting on top of their legal affairs. During 2020, many legal issues, particularly those pertaining to disputes between business partners and contracts, were – for the most part – allowed to fester. Now though, we are seeing much more proactivity, and clients are no longer allowing business toothaches to turn into root canals, so to speak.…
  I Have Been Served with a Lawsuit – What do I do Now?The Definitive Steps You Should Take   Being served with a lawsuit is a jarring experience, especially if you have not been involved in litigation before.  Maybe you were expecting the lawsuit, maybe you were not, but in either case, the experience can be very intimidating and make you feel as though you are on your heels i.e., on the defensive before the lawsuit even gets going.  When you have  been served with a lawsuit, there are definitive steps that you can and should take right away…
I don’t usually insert reviews I get into a blog post, but yesterday I got a very nice review I want to share with you.  Here is the review: If you are ready to start your LLC, this is the office you need to call. The process is so streamlined, the people are so knowledgeable & kind, & they work INCREDIBLY fast. I was absolutely shocked at how quickly things were done & could not be more pleased. The reasonable fees up front are well worth the potential liability avoided in the future. The items completed for my business…
  Weinberger Law Newsletter – January 2021 “The Times They Are A-Changin’” Peter Paul and Mary, 1964 Wow, how true is this almost 60 years later?  Our communications, interactions, safety, faith, and lives – literally everything seems to have changed.  We at Weinberger Law came to realize that we must change too, in the way we deliver and charge for our services, and in the ways we can meet our clients’ needs effectively and economically.  This month, therefore, we unveil Fractional General Counsel. It’s an innovative, cutting-edge program designed to provide day-to-day, on-call legal services to small and medium-sized businesses that are not…
FOR IMMEDIATE RELEASEJanuary 26, 2021       Local Law Firm Offers Creative and Affordable Option for Business Legal Services Scottsdale, Arizona – January 26, 2021 – Every business needs a team of professionals to effectively operate and make a profit. A good business team includes ready access to legal counsel. For those businesses that can afford to do so, an in-house general counsel is often the answer. However, this solution is not feasible for most small companies and especially start-ups, who may often take unwise legal risks or gambles solely to avoid expensive legal fees that would squeeze their budgets.…
The IRS’ online EIN wizard that issues employer identification numbers after a 5 – 10 minute data entry session will be down for maintenance.  This service will be unavailable from approximately 5 p.m. Eastern time on Wednesday, December 23, 2020, until approximately 7 a.m. Eastern time on Monday, January 4, 2021, due to planned maintenance. The post IRS’ Online EIN Wizard Down for Maintenance Until 1/4/21 appeared first on Arizona LLC Law.…
  Weinberger Law Newsletter – December 2020 Time of Honest Reflection   December is a month of transition and taking stock. We shift from one year to another, and often, from an existing set of resolutions to an updated one. We review and assess, too, the previous 12 months – how we performed and how we showed up for others – and of where we hope and plan to do better in the coming year. We invite you to virtually join us in this time of honest reflection, as we contemplate how to better serve you in 2021. Happy Holidays from…
If a member of an Arizona LLC dies and the member did not take action to protect the member’s loved ones bad things will happen.  The failure to plan creates the following problems: 1. The membership interest of the deceased member may not be inherited by the person or people the deceased member would want to inherit the membership interest. 2. A person who inherits the membership interest of a deceased member of a multi-member LLC will not be a member of the LLC.  Instead, the heir will acquire only an economic interest in the LLC, which means the heir(s)…
  Weinberger Law Newsletter – November 2020 “Making It” Through A Challenging Year  We made it! Who would’ve thought when we rang in 2020 that so many people would be heralding “making it” through the year as a success? While 2020 will no doubt be remembered as a year filled with challenges, we see the year as also having been filled with gifts. We opened a new and beautiful office in North Scottsdale, expanding our footprint four-fold. We hired new staff. We added several innovations in order to communicate with and remain connected to our clients and the courts. Soon,…
The Internal Revenue Service has an online wizard that allows people to apply for and receive an employer identification number (EIN) for a company in a 5 – 10 minute data entry session. Companies need an EIN to open a bank account and file federal tax returns.  See our EIN online wizard video that shows how to complete the online application. Usually the online EIN wizard works great and people can quickly get an EIN for a newly formed company.  Unfortunately the online wizard sometimes rejects an EIN application because of “Reference Number 101,” which usually means the company’s name…
Section 326 of the USA PATRIOT Act is a statute that is intended to prevent the funding of terrorism and money laundering.  This federal law requires financial institutions such as banks and credit unions to verify and record the identity of every person who opens an account.  To open a bank account you must be able to verify your name, physical address, mailing address an date of birth. Here are documents that you can present to a bank to verify: Who you are:  driver’s license, social security card, passport, birth certificate, marriage certificate, divorce decree, legal name change certificate or…
  7 Signs You May Need a Mediation Oftentimes, cases come to us that present genuine legal issues, but are better candidates for mediation rather than litigation.  Mediation is a voluntary process in which a neutral party – the mediator – tries to facilitate a compromise or settlement between the arguing parties.  The mediator does not make a decision on who wins and who loses, but rather, only acts as a facilitator trying to bring the parties to an agreement. Here are some questions to ask yourself: Do you not want to pay, or cannot pay, substantial legal fees? If…
  Weinberger Law Newsletter – October 2020 Better Times Are Ahead  Never before in our nation’s history have we faced the level of uncertainty and feeling of insecurity that many of us face now. As we take steps to establish a solid footing, including in our businesses, the ground often seems to shift yet again.  Many describe their business experiences over the past few months as akin to being on a roller coaster. There is a reason why attorneys are often referred to as “counselors.” Our mission at Weinberger Law is to help you ride those waves and get through…
Corporate and Business Blog Securities and Exchange Commission Expands the Definition of “Accredited Investor” October 12, 2020 The United States Securities and Exchange Commission (the SEC) expanded the term “accredited investor” under rule 501 of Regulation D of the Securities Act.  The change becomes effective on December 8, 2020.  The SEC said it made the change to increase investment opportunities while maintaining investor protections. Generally, to offer or sell a security (like stock) to an investor, a company must register that offering with the SEC, unless the offering or the securities themselves are exempt from registration.  Regulation D creates a…
A year ago Arizona’s new LLC law became effective as to all LLC and PLLCs formed in Arizona after August 31, 2019.  Today Arizona’s new LLC law applies to all Arizona LLCs and PLLCs formed before September 1, 2019.  Bottom line is ALL Arizona LLCs and PLLCs regardless of when they were formed need an Operating Agreement that is written for Arizona’s current LLC law, not the LLC law that was repealed on September 1, 2020. Warning for ALL Arizona LLC Owners: Members of all Arizona LLCs should read Arizona LLC attorney Richard Keyt’s article called 13 Ways Arizona’s New